Worker Safety

1
Worker Safety Health Rule forDOE and DOE
Contractors

• Ben McRae
• Office of General Counsel
• U.S. Department of Energy

2
Bob Stump National Defense Authorization Act

• Atomic Energy Act Amended
• Section 234C, December 2, 2002
• General requirement
• Secretary of Energy must promulgate regulations
  for industrial and construction health and safety
  at DOE facilities that are operated by
  contractors covered by agreements of
  indemnification

3
WSH Legislative Requirement

• General requirements continued
• Regulations must provide a level of protection
  for workers at such facilities that is
  substantially equivalent to the level of
  protection currently provided to workers at such
  facilities

4
WSH Legislative Requirement

• Applicability
• The promulgated regulations must not apply to any
  facility that is a component of, or any activity
  conducted under, the Naval Nuclear Propulsion
  Program

5
WSH Legislative Requirement

• Regulation Flexibility
• Tailor implementation of such regulations to
  reflect activities and hazards associated with a
  particular work environment
• Take into account special circumstances at a
  facility that is, or expected to be, permanently
  closed and/or demolished, or titled to be
  transferred to another entity for reuse

6
WSH Legislative Requirement

• Regulation flexibility continued
• Achieve national security missions of the DOE in
  an efficient and timely manner

7
WSH Legislative Requirement

• Violations of WSH Rule
• Civil Penalties
• Not more than 70,000.00 for each violation
• Continuing Violations- Each day of the violation
  constitutes a separate violation
• Contract Penalties
• Reduction in fees or amount paid to contractor
  for violation

8
WSH Legislative Requirement

• Choice of Penalties
• Civil or Contract , not both for violation
• Maximum Amount
• Nonprofit contractors--Total amount of civil or
  contract penalties cannot exceed the total amount
  of fees paid by DOE in a fiscal year

9
WSH Legislative Requirement

• Deadline for Promulgating Rule
• Not later than one year after the date of the
  enactment of the legislation
• Rule Effective Date
• One year after the promulgation date of the
  regulation

10
WSH Legislative Requirement
11
WSH Legislative Requirement